Eleanor Finch
The executive branch of the US government is comprised of the President, Vice President, and the Cabinet. The President is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing laws created by Congress, and has the power to issue executive orders, which direct executive officers or clarify and further existing laws. They can also use executive orders to set priorities for federal agencies. The President has the power to grant pardons for federal crimes, except in cases of impeachment, and to nominate heads of federal agencies and high court appointees. The Vice President supports the President and assumes the role in the event that the President is unable to serve. The Cabinet serves as advisors to the President and are responsible for the day-to-day enforcement and administration of federal laws. While the President has significant powers, there are also limitations and checks and balances in place to ensure that no branch of the government has too much power.
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What You'll Learn
The President's role as Commander-in-Chief
> "Commander in Chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States."
This role is one of the most important responsibilities of the President, as it pertains to the safety and security of the nation and its citizens. The President, as Commander-in-Chief, is ultimately responsible for ensuring the protection of the United States and its people from both domestic and foreign threats. This role grants the President the authority to use military force when deemed necessary to defend the country and its interests.
For instance, during President Clinton's administration, he faced challenges such as the Bosnian War and the situation in Haiti. In the case of Bosnia, President Clinton, after initially supporting peace talks, authorised the use of airstrikes with the assistance of NATO allies to force Serbia to accept a peace agreement and end the ethnic cleansing that was taking place. This is an example of the President's power to make crucial decisions regarding the use of military force in foreign conflicts.
However, it is important to note that the President's power as Commander-in-Chief is not absolute. The Constitution establishes a system of checks and balances to ensure that no single branch of the government holds too much power. In the context of the President's military powers, Congress also has a significant role to play. The Constitution grants Congress control over declaring war, raising and supporting armies, and making rules for the military's governance. Additionally, through legislation such as the Posse Comitatus Act of 1878, Congress has further restricted the use of the military in a domestic law enforcement capacity, emphasising the need for express authorisation from Congress in such situations.
While the President, as Commander-in-Chief, has the authority to make decisions regarding the use of military force, these decisions must be made within the framework established by Congress and the Constitution. The President's role is to ensure the effective execution of the laws and policies related to national defence and security, while Congress retains the power to shape and define those laws and policies. This balance between the two branches of government helps maintain a system of civilian control over the military and prevents the concentration of power in a single individual or entity.
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The Vice President's role
The Vice President of the United States is the second-highest-ranking office in the executive branch of the US federal government, after the President. The Vice President is also an officer in the legislative branch, as the President of the Senate. The Vice President's role has changed significantly since the office was created in 1787, with its importance growing since the 1930s.
The Vice President is empowered to preside over the US Senate but may not vote except to cast a tie-breaking vote. They are indirectly elected at the same time as the President to a four-year term of office by the people of the United States through the Electoral College. The Vice President serves as a principal advisor to the President, and they are ready to assume the Presidency should the need arise. The Vice President also has an important role in the Presidential line of succession.
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The Cabinet's role
The Cabinet plays a crucial role in the Executive Branch of the United States government. It is composed of the heads of the 15 executive departments, such as the Department of Defense, the Environmental Protection Agency, and the Department of Homeland Security. These departments have diverse missions and responsibilities, ranging from national security to environmental protection.
Cabinet members serve as advisors to the President, providing expertise and guidance on various issues. They are appointed by the President at the beginning of their term and are responsible for the day-to-day enforcement and administration of federal laws within their respective departments. The President has the power to fire members of the Cabinet, but Congress provides oversight and can investigate such firings.
The Cabinet plays a crucial role in implementing the President's policies and ensuring the smooth functioning of the federal government. They work closely with the President to develop and execute strategies that align with the President's agenda. Additionally, the Cabinet members also have their specific duties and responsibilities, which include managing their departments, formulating policies, and overseeing the implementation of federal laws within their areas of expertise.
While the Cabinet advises and assists the President, it is important to note that they do not have individual powers akin to those of the President. Their authority is derived from the President, who has the ultimate decision-making power within the Executive Branch. The Cabinet's role is to support and enable the President to effectively carry out their constitutional duties as the head of the Executive Branch.
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Executive orders
Article II of the Constitution vests the President with executive power over the government, including the obligation to "take care that the laws be faithfully executed". The President is the head of the Executive Branch and has the power to issue executive orders, which direct executive officers or clarify and further existing laws. They can also be used to outline policy plans and priorities. For example, an executive order can be used to tell the Department of Education to implement a certain rule or to tell the Department of Justice to prioritise prosecuting certain drug cases.
However, executive orders cannot override federal laws and statutes, and they cannot be used to sidestep the system of checks and balances in the Constitution. The President cannot use an executive order to take over powers from other branches, such as the power vested in Congress to pass new statutes or in the courts to invalidate certain laws as unconstitutional. Executive orders must be within the scope of the constitutional authority of the executive branch and must not violate any federal law.
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Checks and balances
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This division ensures that no individual or group will have too much power. The executive branch is led by the President, who is the head of state, government, and Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing the laws written by Congress, and to that end, appoints the heads of federal agencies, including the Cabinet. The President has the power to sign legislation into law or veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses.
The President's powers are, however, subject to a system of checks and balances. This means that each branch of government can change acts of the other branches. For example, the President can veto legislation created by Congress, but Congress may override this veto. The President can also nominate heads of federal agencies and high court appointees, but Congress confirms or rejects these nominees. In exceptional circumstances, Congress can also remove the President from office.
The President has the power to issue executive orders, which direct executive officers or clarify and further existing laws. These orders cannot, however, override federal laws and statutes. They can only direct federal agencies on how to implement a statute. For example, an executive order can tell the Department of Justice whether prosecuting certain drug cases is a priority or not.
The President has almost limitless power to grant pardons to those convicted of federal crimes, except in cases of impeachment. They can also, in times of emergency, be given the power by Congress to manage national security or the economy.
The Vice President is also part of the Executive Branch and is ready to assume the Presidency should the need arise. The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws.
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Frequently asked questions
The President has unique powers, called executive powers, that no other member of the Federal government has. These include the ability to enter into international treaties, appoint Supreme Court Justices, veto acts of Congress, appoint and remove executive personnel, and enter into executive agreements with foreign powers. The President also has the power to grant reprieves and pardons for offenses against the United States, except in the case of impeachment.
The limits of presidential power have fluctuated in different circumstances. For example, during the Korean War, President Harry Truman attempted to take control of steel production facilities, which was denied by the Supreme Court.
The President does not enforce the law alone. The Executive Branch has a variety of Cabinets, executive departments, agencies, and government corporations that assist the President in ensuring that the laws of the United States are followed.
The Vice President assists the President in administering the Executive Branch and becomes the President if the President is unable to perform their duties. The Vice President is considered part of the Executive Branch, although the Constitution does not specifically name which branch of the government the office is tied to.
